Legal Protection for Non-Special Education Students
Non-special education students subject to school discipline can assert IDEA's due process protections if the school knows that the student has a disability. School personnel are presumed to know the student has a disability if:

• the parents have expressed in writing that their child is in need of special education services or,

• the behavior or performance of the student demonstrates the need for special education or,

• parents have requested a special education evaluation or,

• the student's teacher or other school staff have expressed concern about the student to the director of special education or other staff members.

Referral to Law Enforcement
Nothing in the law prohibits the school from reporting a crime committed by a student with a disability to the proper law enforcement authorities. Normal district reporting procedures will be followed when contacting law enforcement, and the special education director will be informed.

Get Help! Procedures
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